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What factors limit the value of an Ohio car accident claim?

On Behalf of Rittgers Rittgers & Nakajima | Oct 5, 2026 | Car Accidents

If you sustain injuries during a car crash in Ohio, you may assume the at-fault driver’s insurance will “cover everything.” In reality, several legal and practical factors can limit the value of your Ohio car accident claim.

Understanding these potential constraints safeguards your claim and set realistic expectations for recovery.

Comparative negligence rules in Ohio

One of the most significant factors affecting your claim is Ohio’s “modified comparative negligence” rule. According to Ohio Revised Code Section 2315.33, you can receive compensation as long as your share of fault is not more than 50%. However, your fault percentage will reduce your compensation.

For example, if the court finds you 20% at fault and your damages total $100,000, you will only receive $80,000. If your share of fault is 51% or greater, you cannot recover any compensation. This arrangement can limit what benefits you can receive in Ohio.

Insurance policy limitations

Beyond liability, available insurance coverage can also limit how much you can recover. In Ohio, the minimum auto insurance limits are $25,000 for bodily injury per person and $50,000 per accident. If your medical bills and other damages are higher than the at-fault driver’s policy limits, it can be difficult to collect the full amount.

Other insurance problems can also reduce the value of a claim. These include policy exclusions, coverage disputes or a policy that has lapsed. In many cases, people rely on their own Underinsured Motorist (UIM) coverage to make up the difference. Otherwise, a lawsuit may only make sense if the at-fault driver has substantial personal assets.

Statutory caps

Ohio has tort reform laws that limit the amount of money some victims are permitted to recover for non-economic loss, even if a jury believes the amount should be more. For a typical injury case, like a truck crash or car crash, the limit cap for non-economic loss in some cases is as low as $250,000. However, that cap is removed when the loss is catastrophic. Typically, the jury decides if a loss is catastrophic but sometimes a judge decides before the jury can make the decision.

Ohio Revised Code Section 2315.18 gives people a way to recover above the cap if certain exceptions apply. The most common exception occurs when a person suffers a “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system.” If the injury fits under this language, there is no cap on the damages a person can recover.

There is also no cap on the damages a person can recover for wrongful death in Ohio because the tort reform law cited above does not apply to wrongful death cases.

Navigating these limitations requires a good understanding of Ohio personal injury law. If you wish to pursue a claim, consider reaching out to a legal professional to evaluate your strategies.